Kostelecky v. Erickson, et al.

Citations

• 2026 ND 61

Syllabus

When exercising their discretion to impose sanctions, courts should consider the impact of the imposed sanction on innocent third parties. While district courts retain broad authority to sanction discovery violations, that authority is necessarily constrained by the overriding obligation to consider all relevant evidence bearing on the child's best interests. When a court imposes sanctions in a case involving residential responsibility and parenting time, the court must consider whether the sanction precludes the court from receiving evidence bearing on the child's best interests. Under the facts of this case, the court abused its discretion by imposing an evidentiary sanction that barred a parent from presenting any evidence at a trial involving residential responsibility and parenting time.